McCLELLAN ECOLOGICAL SEEPAGE SITUATION v. PERRY

Nos. 91-16308, 91-16467.

47 F.3d 325 (1995)

McCLELLAN ECOLOGICAL SEEPAGE SITUATION; Mary Fisher; Charles Yarbrough, Plaintiffs-Appellants, v. William J. PERRY, Secretary of the United States Department of Defense, Defendant-Appellee. McCLELLAN ECOLOGICAL SEEPAGE SITUATION; Mary Fisher; Charles Yarbrough, Plaintiffs-Appellees, v. William J. PERRY, Secretary of the United States Department of Defense, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 30, 1995.


Attorney(s) appearing for the Case

Michael Axline, Western Natural Resource Law Clinic, Eugene, OR, for plaintiffs-appellants-appellees.

Ellen J. Durkee, U.S. Dept. of Justice, Washington, DC, for defendant-appellee-appellant.

Before: FLETCHER, ALARCON and CANBY, Circuit Judges.


CANBY, Circuit Judge:

This is an action brought by McClellan Ecological Seepage Situation ("MESS") to require McClellan Air Force Base to comply with various environmental laws. The district court ruled against MESS and MESS appealed. The Secretary of Defense cross-appealed on the ground that MESS's appeal was untimely — a contention that we reject.1

After hearing argument, we remanded the case to the district court for...

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